Law: Contract Act, 1872

Section: 2(a)(b)(d),2(e)

(a) Public Procurement Rules, 2004--- ----R. 36---Open competitive bidding---Technical and financial proposals---Single stage-two envelope procedure---Scope---In a single stage-two envelope procedure two separate envelopes containing financial and technical proposals separately are submitted and initially envelope marked as technical proposal is opened for evaluation while the envelope marked as financial proposal is retained by procuring agency---Upon approval of technical proposals, the financial proposals are publically opened at the appointed time. (b) Public Procurement Rules, 2004--- ----Rr. 38 & 44---"Acceptance of bids"---Meaning---Bid is accepted only when in addition to being the lowermost financially, it is not in conflict with any other law, rules, regulations or policy of Federal Government and it culminates into procurement contract in terms of Rr.38 & 44 of Public Procurement Rules, 2004. (c) Public Procurement Rules, 2004-- ----R. 41---Public Procurement Regulations, 2008, Regln. 5---Term "confidentiality"---Scope---Procuring company is required to guard relevant information till the award of contract is arrived at---Refusing to furnish such information by procuring company is a lawful act. (d) Public Procurement Rules, 2004--- ----Rr. 35, 36, 41 & 48(5)---Contract Act (IX of 1872), S. 2(a)(b)(d) & (e)---Open competitive bidding---Second lowest bidder---Vested right---Procuring company floated tenders for setting up a Liquefied Natural Gas import terminal for storage and regasification---Appellant and respondent were qualified for the tender and respondent was the lowest bidder---Grievance of appellant was that there were some deficiencies in the bidding documents of respondent therefore, appellant was entitled to get the tender---Grievance petition filed by appellant before authorities was dismissed---Validity---Law did not recognize conferment of any right on the second lowest bidder to the contract in the face of disqualification of the lower most bidder---Even the one having the lowest bid had no absolute title or claim to the award of the contract---Efforts to seek enforcement of rights to a contract were justifiable and…